Assigned to JUDE AS PASSED BY COW
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
FACT SHEET FOR S.B. 1726
unlawful occupants; property; removal; documents
Purpose
Allows an owner of residential real property, or the owner's authorized agent, to request
the appropriate law enforcement agency to expeditiously remove an unlawful occupant from the
residential dwelling when prescribed conditions are met. Outlines procedures related to a request
to remove an unlawful occupant and penalties for unlawful occupancy depending on the amount
of damage caused to the residential dwelling.
Background
A person who is not named on a written lease or who is a guest of a tenant and remains on
the premises without the permission of the tenant or the landlord is not a lawful tenant and that
person's presence in or on the premises does not constitute residency or tenancy. A person who
knowingly remains on the premises without the permission of the tenant or the landlord may be
removed by a law enforcement officer at the request of the tenant or the landlord who is entitled
to possession of the premises (A.R.S. § 33-1378).
A person commits criminal trespass in the third degree by knowingly entering or remaining
unlawfully on any real property after a reasonable request to leave by a law enforcement officer,
the owner, any other person having lawful control over such property or a reasonable notice
prohibiting entry. Criminal trespass in the third degree is classified as a class 3 misdemeanor and
carries a maximum imprisonment sentence of 30 days and a maximum civil penalty of $500
(A.R.S. §§ 13-707; 13-802; and 13-1502).
Adverse possession occurs when there is an actual and visible appropriation of the land,
commenced and continued under a claim of right that is inconsistent with and hostile to the claim
of another. Peaceable possession occurs when a person has possession of any estate which is
continuous, and not interrupted by an adverse action to recover the estate. A person who has a
cause of action for recovery of any lands, tenements or hereditaments from a person having
peaceable and adverse possession thereof, cultivating, using and enjoying such property, must
commence an action within 10 years after the cause of action accrues, and not afterwards (A.R.S.
§§ 12-521 and 12-526).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation. FACT SHEET – Amended
S.B. 1726
Page 2
Provisions
1. Allows a property owner of residential real property or the owner's authorized agent to request
that a law enforcement agency of that jurisdiction expeditiously remove a person who is
unlawfully occupying the residential dwelling if:
a) the requesting person is the property owner or the owner's authorized agent;
b) the property includes a residential dwelling or is being used for residential purposes;
c) an unauthorized person is unlawfully occupying the property;
d) the property owner has directed the unauthorized person to leave;
e) the property was not open to the public at the time the unauthorized person entered the
property;
f) the unauthorized person is not a current or former tenant at the property;
g) the unauthorized person did not have a prior verbal or written agreement to cohabitate with
the property owner in the residential dwelling;
h) the unauthorized person is not an immediate family member of the property owner; and
i) there is no litigation pending between the property owner and the unauthorized person.
2. Requires the person who is entitled to possession of the residential real property to submit an
affidavit of complaint to the applicable law enforcement agency in order to request the
expeditious removal of an unauthorized person.
3. Specifies that the affidavit of complaint must be the sworn statement of the property owner or
the owner's agent related to the outlined requirements allowing the owner to request the
expeditious removal of an unauthorized person.
4. Requires the law enforcement agency, on receipt of the affidavit of complaint, to conduct a
preliminary investigation which may include:
a) reviewing any alleged lease agreement;
b) interviewing the neighbors of the property in question; and
c) other relevant inquiries to determine the validity of the complaint.
5. Stipulates that if the law enforcement agency finds probable cause that the outlined conditions
related to requests for the removal of unauthorized persons are met, the law enforcement
agency must serve the unlawful occupant a notice to immediately vacate the property and put
the owner into possession of the real property.
6. Allows the property owner to presume that the unlawful occupant has abandoned any personal
belongings that remain at the residential dwelling after the unlawful occupant surrenders
occupancy or is removed from the residential dwelling.
7. Stipulates that a person who is wrongfully removed from a residential real property does not
have a cause of action against a law enforcement officer or agency unless there is a showing
of bad faith by the officer.
8. Specifies that the outlined requirements and procedures related to the removal of an unlawful
occupant do not: FACT SHEET – Amended
S.B. 1726
Page 3
a) preclude or limit other property owner rights or law enforcement actions, including
enforcement of any criminal laws, ordinances or regulations of the state or political
subdivisions of the state;
b) preclude a subsequent civil action for wrongful removal which may include remedies that
restore possession and pay actual costs, damages and attorney fees; or
c) create or establish any additional rights for unauthorized occupants of residential
dwellings.
9. Classifies, as a class 1 misdemeanor, the unlawful occupancy of a residential dwelling when
the unlawful occupant intentionally causes damages of less than $1,000.
10. Classifies, as a class 6 felony, the unlawful occupancy of a residential dwelling when the
unlawful occupant intentionally causes damages of $1,000 or more.
11. Deems a person guilty of a class 6 felony who knowingly lists or advertises a residential real
property for sale or rent without legal title or other authority to do so.
12. Includes, in the list of documents of which a person's knowing and invalid filing with the
county recorder constitutes a class 1 misdemeanor, a document that purports to convey an
ownership or leasehold interest in real property.
13. Contains a statement of legislative intent.
14. Makes technical and conforming changes.
15. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Allows a residential real property owner or the owner's agent to request that a law enforcement
agency of that jurisdiction, rather than the sheriff or city or town chief of police, remove a
person who is unlawfully occupying the residential dwelling.
2. Allows the residential real property owner or the owner's agent to request the expeditious,
rather than immediate, removal of an unlawful occupant.
3. Removes the ability of the property owner to request law enforcement to stand by while the
property owner changes the locks and removes the unlawful occupant's personal property.
4. Removes the ability of the law enforcement agency to charge a fee associated with requests
for removal of unlawful occupants and related services.
5. Removes the ability of a person who is wrongfully removed from a premises to:
a) file an action against the person who claims the right to possession of the real property;
b) be restored to possession of the real property; and
c) recover costs, damages and attorney fees as outlined. FACT SHEET – Amended
S.B. 1726
Page 4
6. Specifies that the prescribed procedures related to the removal of unlawful occupants do not
preclude enforcement of criminal laws, ordinances or regulations, or create any additional
rights for unlawful occupants.
7. Requires the law enforcement agency to conduct a preliminary investigation, rather than fact-
finding, upon receipt of an affidavit of complaint to remove an unlawful occupant.
8. Makes technical and conforming changes.
Senate Action
JUDE 2/12/25 DP 4-2-1
Prepared by Senate Research
February 27, 2025
ZD/KS/ci